Will
GANGO PADHYAYA
(Querist) 15 April 2015
This query is : Resolved
Sir
Father filed a Civil Suit on her daughter for eviction and 2007 while pending a case he executed a registered will in the year 2007 to his son suit is decreed in the year 2008 there upon father filed execution petition while pending execution petition father died:
At this juncture the Son came with WILL and filed Section 50 CPC petition as proposed Decree Holder in the Execution Petition
Upon pursuing the petition Judge asked the proposed Decree Holder according Section 68 Evidence Act WILL in Execution Proceeding : WHAT THE DECREE HOLDER CAN DO..
TO IMPLEAD IN THE EXECUTION PETITON AS DECREE HOLDER
NOW THE PROPOSED DECREE HOLDER WHAT ARE THE PRECAUTIONS CAN FOLLOW
GIVE CITATIONS AND SUGGESSITIONS
Kappil Cchandna
(Expert) 15 April 2015
Sir,
Only registered is not sufficient to get him sole right to get impleaded ...he needs to probate it first of all ....
Warm Regards
Kapil Chandna Adv 9899011450
ajay sethi
(Expert) 16 April 2015
apply for probate of father will
Dr J C Vashista
(Expert) 17 April 2015
I agree with experts advise, get the will probated.
T. Kalaiselvan, Advocate
(Expert) 23 April 2015
A registered Will may not require grant of probate in such cases, however in the impleading petition if the court insists on probate, you may apply for probate of the will and after getting it, the implead petition may be processed and the EP may be proceeded accordingly.
M/s. Y-not legal services
(Expert) 16 April 2015
